Payments are non-refundable unless it becomes physically impossible for me to obtaiin and extract the data from the Electronic Orange Book files that the FDA releases on a monthly basis. In such as case, I will inform you of this situation and you may request a pro-rated refund for the number of months remaining in your subscription.
OBC Online subscriptions start
the first business day after I send the Contact Person the user ID and
password via email, and runs until twelve months have elapsed from the
start of the subscription. Every employee and contract worker in your
company who has access at work to the same Intranet as the Contact
Person is eliglible to use the account. This includes employees
of affiliated companies that share a common Intranet with the company
of the Contact Person. Any
such eligible person may access the account from any web-connected
computer, including from home using their own Internet service, or
The Online subscription account
information (user ID and password) may not be shared outside your
company. If an affiliated company does not share a common
Intranet with the company of
the Contact Person, then that affiliated company must purchase a
OBC Flash Drive montlhly subscriptions start with the current FDA Orange Book supplement, unless you request that I wait until the next supplement is released. OBC Flash Drives under a "base" subscription are mailed First Class to the Contact Person each month for twelve (12) consecutive months at which point the subscription expires. OBC Flash Drives under an "additional" subscription are mailed with the "base" subscription OBC Flash Drive, and the "additional" subscription expires when the "base" subscription expires.
A "base" subscription entitles you to copy the contents of the flash drive to a single Intranet server. The "base" subscription and any "additional" subscriptions entitles each recipient of a flash drive to copy the contents of their OBC Flash Drive to the hard drive or memory of a single computer or tablet. Neither the OBC Flash Drive nor its contents may be duplicated or distributed.
You are totally responsible for making the OBC Flash Drive files available over your Intranet or copying the files to the hard drive or memory of a computer or tablet, except each OBC Flash Drive will already contain a Home Page (index.htm) that has links to the data files.
Two-Volume Book Set Plus Updates monthly subscriptions start
with my mailing of the OBC Two-Volume Book Set by First Class mail to your contact person and
my sending of any monthly update files that have been issued since
February of the year in question via email, and end with the twelth
monthly update file sent via email in January of the following year (FDA data updates
run from Supplement 1 in February through Supplement 12 the following
Any act on the part of you, your agents, or your employees capable of causing the OBC Online files, OBC Flash Drive files, or OBC Two-Volume Book Sets or corresponding monthly updates to be available to the public is strictly prohibited, and will result in the cancellation of your subscription without refund. As the arrangement and presentation of data in the data files are the result of my creative design, the files are protected by copyright. I reserve the right to take any action to which I am entitled by law, in addition to the cancellation of your subscription, for the unauthorized distribution of any of the files, books or excerpts thereof.
By using the Orange Book Companion files or books that are provided to you under your subscription, you expressly acknowledge and agree that the use of the files or books is at your own risk. The files or books are provided "as is." There is no warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. There is no warranty that the files or books will be error free. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including negligence, shall I be liable for any incidental, special or consequential damages that result from the use or inability to use the files or books, even if I have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In no event shall my total liability to you or any third party exceed the amount that you paid for your subscription for the year in question.